The Supreme Court, which is doing a lot of media judgements lately, has ruled that a defendant who asks for a media ban on bail hearing must be supported. It’s a bit of an odd one; sometimes police will hold news conferences trumpeting their latest breakthrough, giving out details on the case, then the defendant can order media to clam up on details of the case later. Anyway, the Supremes came down onthe rights of the defendant over the rights of the media.
The bans “avert the disclosure of untested prejudicial information; in other words, to guarantee as much as possible trial fairness and fair access to bail,” she wrote. “Although not a perfect outcome, the mandatory ban represents a reasonable compromise.”
CBC, June 10 2010